Adoption cases: Delhi court asks government if cases can be heard where parents reside

There are many instances of prospective parents traveling from far corners of the country to Delhi to adopt a child. Such cases could also include physically disabled children or a single mother.

Taking a humane view of such instances, a Delhi court on Thursday

asked the ministry of women and child development and Central Adoption Resource Authority

(https://timesofindia.indiatimes.com/topic/Central-Adoption-Resource-Authority) (CARA) if adoption matters could be filed in

courts within whose jurisdiction the proposed adoptive parents lived.

District and sessions judge Girish Kathpalia (https://timesofindia.indiatimes.com/topic/Girish-Kathpalia) was handling a case

where a couple had come to the city from Punjab to obtain an adoption order. The court also found similar cases where the

parents travelled from faraway places to testify in Delhi. The court had seen cases where either the parents had travelled from

other cities and towns or children in pre-adoption foster care of the adoptive parents came from such places to testify.

The counsel appearing for the parents from Punjab urged the court to examine the possibility of these cases being heard in

courts, whose territorial jurisdiction the prospective adoptive parents were residing in. "Being its duty to ensure that every

orphaned child must get a family, it is the state that has to ensure irrespective of the financial burden that people are

encouraged to take up child adoption," judge Kathpalia said.

On September 23, the court had asked the central agency CARA to join the case's proceedings and address the issue. Despite

the court order being sent to CARA, the agency did “not appear to be interested in addressing on this serious aspect”. It also

came on record that financial constraints restricted the adoption agency from appearing in courts which had jurisdiction over

the residence of the adoptive parents.

The court also expressed its disappointment with CARA, under the garb of it being an expensive affair for adoption agencies,

the basic philosophy underlying the concept of adoption under law (to provide parent to every parentless child) could not be

abrogated. “Not just this, there are number of cases where the child concerned is a special needs child (who was given in preadoption foster care), is made to travel from faraway places of country to Delhi (or whichever place where the adoption

petitions are filed) because the proposed adoptive parents at the nascent stage of emotional bonding with the child do not

want to leave the child alone at home and travel to Delhi,” said judge Kathpalia.

It also noted cases where single women opted to adopt a child but were made to travel from distant places. Going by the law,

the court was bound to proceed with such case. However, it expressed “disappointment that despite such seriousness of the

issue, CARA opted not to respond and assist this court”.

And since the regulations could be amended only by CARA (unless, suitable amendments in the enactment are contemplated

by the legislature), it felt necessary to bring the issue to the notice of higher authorities. “Therefore, a copy of this order be sent

to the Secretary, Ministry of Women and Child Development as well as to the director, CARA for necessary action. Director,

CARA shall submit action taken report within one month,” directed the court

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